Category Archives: Condominium Document Amendments

Kevin Hirzel to speak on rental issues and emotional support animals at upcoming conference

The below Condominium and HOA seminars will not only tackle the basics in proper Condominium and HOA operations, but also discuss latest developments in statutory and case law. All Things Tenants – Evictions, Rental Caps and Strategies for Communicating with Landlord Co-Owners. Date:         3/16/18 Time:        9:30am-3:30pm (Kevin Hirzel will speak from 11:15am-12:00pm) Location:  Suburban Collection Showplace, 46100 Grand River, Novi, MI Details:   

Read more

HB 5440: Michigan HOA’s could not prohibit the display of the American or State Flag

Michigan House Bill 5440 was introduced on January 24, 2018. HB 5540 would prohibit a Michigan homeowner’s association or neighborhood association from prohibiting the display of the United States flag or the state flag of Michigan. HB 5540 provides as follows: Sec. 1. A local unit of government shall not adopt or enforce an ordinance, resolution, rule, or regulation that

Read more

Michigan Court of Appeals dismisses condominium bylaw enforcement case after lawsuit approval deemed improper

As previously discussed in HB 4446 allows Michigan Condominium Associations to enforce restrictions and defend lawsuits, it is not uncommon for developers to insert anti-lawsuit provisions into condominium documents that later have drastic consequences for Michigan condominium associations. In Sawgrass Ridge Condominium Association v Louis J Alarie, et. al., unpublished opinion of the Court of Appeals, issued January 9, 2018

Read more

Enforcing Speed Limits in Michigan Condominium and Homeowners Associations

Introduction The overwhelming majority of condominium and homeowners associations in Michigan govern residential developments. Accordingly, many community associations have concerns about residents or guests traveling at excessive speeds throughout the neighborhood. With the growing utilization of common interest communities, more and more associations are seeking to create and enforce their own speed limits within their respective developments. For example, some

Read more

Case Law Update: Nottingham Village Condo Ass’n v. Pensom: Litigation Evaluation Meetings

In some condominium governing documents, there are provisions that require a co-owner vote before the association can file a lawsuit.  These provisions range from the rather mundane to extremely onerous. In Nottingham Village Condominium Association v. Pensom, unpublished per curiam opinion of the Michigan Court of Appeals, No. 333311, Dated December 12, 2017, the Michigan Court of Appeals just upheld

Read more

Court rules in favor of MI Condo Association related to amendment of bylaws, compliance with parliamentary procedure and director compensation related to website

Vidolich v Saline Northview Condominium Association, unpublished opinion of the Court of Appeals, issued December 5, 2017 (Docket No. No. 334579), involved a lengthy battle between Vidolich, a co-owner in the Northview Condominium, and the Saline Northview Condominium Association (the “Association”). Vidolich was a member of the Association’s board until he resigned over a procedural dispute and he was the

Read more

Michigan Court of Appeals affirms Short-Term Rental Ban in Restrictive Covenant

As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, Michigan courts have consistently held that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in Eager v Peasley, et. al., published opinion of the Court of Appeals, issued November 30,

Read more
« Older Entries Recent Entries »